DPS Infrastructure Maintenance RFP 95476724R0300.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

OTHER USHMM SOLICITATION REQUIREMENTS

SECTION B (CONT'D) – SUPPLIES AND SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND SERVICES. Contractor shall perform all services and deliver all work product to USHMM described in Section C, below, and otherwise in the awarded Proposal (DPS Infrastructure Maintenance Services), including without limitation:

B.1.1 Provide a comprehensive set of operational support services for the areas identified in the scope of the Contract Tasks (Reference Section C.2) and all other requirements as stated in this RFP; and

B.1.2 Support a transition of the services from the incumbent.

B.2 PRICING STRUCTURE. Offerors shall submit a fully-itemized good faith cost estimate as defined in RFP Section L.7.2 below. Prior to award, this proposal will be finalized into a firm, fixed price proposal billable as a monthly retainer.

B.3 LABOR CATEGORIES AND RATES. Offerors shall submit fully-burdened hourly rates for all relevant labor categories against which the cost of anticipated optional services may be estimated.

B.4 PRICINGWARRANTY. Contractor warrants that the prices for the supplies and services under this Contract are not greater than the prices charged by the Contractor’s most favorable customer under similar circumstances.

SECTION C – DESCRIPTION, SPECIFICATIONS, STATEMENT OFWORK

C.1 BACKGROUND

C.1.1 A living memorial to the Holocaust, the United States Holocaust Memorial Museum (hereafter referred to as “USHMM” or “Museum”) inspires citizens and leaders worldwide to confront hatred, prevent genocide, and promote human dignity. As an independent establishment of the U.S. Government with gift acceptance authority, federal support guarantees the Museum’s permanence, and its far-reaching educational programs and global impact are made possible by donors, members, educators, universities, leaders in governments and the public, just to name a few.

C.1.2 The purpose of this request for proposal (RFP) is to invite prospective service providers (Offeror) to provide a fully responsive proposal to the requirements specified herein for USHMM’s integrated intrusion detection system.

C.1.3 Museum currently employs a company to provide such services, who meets Museum’s requirements through the deployment of two full-time-equivalent technicians. Responses to this RFP may be provided by a fully onsite presence or alternatively by a Managed Service Provider which operates off site. In either case, there is a required onsite

USHMM RFP 95476724R0300 2 of 46 [DPS Infrastructure Maintenance] component as defined in Exhibits I & II. For an offsite Managed Service Provider (MSP), USHMM is requesting that this be bid as a separate option.

C.2 CONTRACT TASKS. Contractor shall provide all services and work product related to performance of the tasks described below and as otherwise described in paragraphs B.1 (“Supplies and Services”) and Exhibits I (Detailed Statement of Work) & II (Required Service Levels) herein. At minimum, Contractor shall provide:

C.2.1 Quality Assurance, Monitoring and Management of the Museums Onsite DPS IT Infrastructure and Configuration. This includes servers, storage, network equipment, consoles, Avigilon/Pelco and other CCTV equipment, Zenitel/Alphacom intercom systems, vehicle/ personnel barrier controls to include Opto 22, Lenel Enterprise Intrusion Alarm and Access Control Systems, fiber cabling/connections (both single and multi-mode), and a variety of Juniper Network switches.

C.2.2 DPS Incident & Service Request Management (Managed Service Desk services). This entails installation, service, and maintenance of USHMM’s standalone integrated security network infrastructure at the Museum, Ross Administrative Center, Portals, and the Shapell Center: including access control, alarm, IP camera, and computers: Avigilon/Pelco and others various video systems, video STAN storage system, routers, NICE audio recorder system, badging office network, Security Control Center console system(s) and Lenel Enterprise access and intrusion detection systems.

C.2.3 Security Information & Event Management.

C.2.4 Onsite Support Services (Option). For Service Providers that are proposing to provide the above as a managed service through the use of their own facilities, tools, and equipment, the Museum is seeking a separately priced option for the delivery of on site services as specified herein.

C.2.5 Transition Services.

[SECTION D OMITTED]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(Reference 46.302)

E.2 FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 46.304)

E.3 It shall be the responsibility of the Contractor to ensure that all supplies and services provided hereunder conform to the specifications identified herein and as further elaborated in their proposal to USHMM.

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E.4 Inspection by USHMM shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for all items covered by this contract that may be subcontracted.

E.5 Neither USHMM’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Contractor shall be and remain liable to USHMM in accordance with applicable law for all damages to USHMM caused by the Contractor’s negligent performance of any of the services or supplies furnished under this contract.

E.6 Acceptance by USHMM does not relieve the Contractor of responsibility for correction of errors or omissions that may arise after such acceptance of the errors and omissions are clearly at fault in Contractor’s performance.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

F.1.1 The notice to proceed (NTP) date will be set by the Contracting Officer, but is anticipated to begin May 1, 2024.

F.1.2 The initial period of performance shall be for twelve (12) months. The Museum may extend the term of the awarded contract by written notice to the Contractor no later than fifteen

(15) days before the awarded contract is due to expire. The duration of the awarded contract including all extensions shall not exceed five (5) years from its effective date.

F.2 Deliverables Schedule.

F.2.1 Contractor shall deliver to USHMM the supplies and services specified herein from the date of Contract start of services through the conclusion of the Contract. Specific deliverables including service dashboards and reports shall be determined during the transition phase and as necessary throughout the duration of the contract.

F.2.2 Contractor shall deliver a project plan with associated material to assist an orderly transition from the incumbent to Contractor. This shall be developed jointly and delivered prior to contract award.

F.2.3 Should the Contractor fail to timely deliver any single deliverable, USHMM’s acceptance thereof shall not constitute a waiver of USHMM’s rights regarding the delivery date(s) of subsequent deliverable(s) under this Section.

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F.3 FAR 22.103 OVERTIME.

F.3.1 22.103-1 Definition. “Normal workweek,” as used in this subpart, means, generally, a workweek of 40 hours. Outside the United States and its outlying areas, a workweek longer than 40 hours is considered normal if—

(1) The workweek does not exceed the norm for the area, as determined by local custom, tradition, or law; and

(2) The hours worked in excess of 40 in the workweek are not compensated at a premium rate of pay.

F.3.2 22.103-2 Policy. Contractors shall perform all contracts, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs. Any approved overtime, extra-pay shifts, and multi shifts should be scheduled to achieve these objectives.

F.3.3 NOTE: Museum public hours are from 10:00AM to 5:30PM daily; extended hours run 10:0AM – 6:30PM. Public hours also include before and after hour functions that require the Museum to be open outside of regular operating hours. For these reasons, Museum prefers any of its onsite technicians to be available between the hours of 6:00AM – 2:30PM. Museum reserves the right to adjust hours on an as needed basis, as USHMM may require scheduling of occasional night work to complete installations or large projects that cannot be done during normal hours.

F.4 FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

F.5 FAR 52.223-16 ACQUISITION OF EPEAT®-REGISTERED PERSONAL

COMPUTER PRODUCTS (OCT 2015)

F.6 FAR 52.242-17 GOVERNMENT DELAY OFWORK (APR 1984)

(Reference 42.1305)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 USHMM REPRESENTATIVES. USHMM’s designated representatives and points of contact for purposes of this Agreement shall be the Contracting Officer (CO) and the Contracting Officer’s Representative (COR), as follows:

G.1.1 CO Responsibilities. The CO has the authority to enter into, administer, and terminate the Agreement. Communications pertaining to contractual administrative matters shall be addressed to the CO. No changes in or deviation from any of the Agreement’s provisions, terms, conditions, including without limitation the scope of work, cost, or term provided herein shall be effected without a written modification to the Agreement executed by the CO authorizing such changes.

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G.1.2 COR Responsibilities.

G.1.2.1 The Contracting Officer will designate, in writing, an authorized representative(s) to discharge such duties and responsibilities as may be delegated to him. The representative(s) will not have authority to change or alter any of the terms and conditions of the contract. The Contracting Officer is the sole authority to make changes in the contract. The Contractor will be furnished a copy of the COR delegation.

G.1.2.2 The COR will provide technical direction on contract performance. Technical direction includes: (1) direction to the Contractor which assists in accomplishing the statement of work; and (2) comments on and approval of reports or other deliverables.

G.1.2.3 Technical direction must be within the contract's statement of work. The COR does not have the authority to issue technical direction which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance; (5) changes any of the other express terms or conditions of the contract.

G.1.2.4 The COR will issue technical direction in writing or confirm such direction in writing within five (5) calendar days after verbal issuance.

G.1.3 Contractor is advised that any reliance on direction from other than the CO or a COR acting within the strict limits of the responsibilities as set forth above is undertaken at Contractor’s own risk and expense, as such actions do not bind USHMM contractually. All questions concerning the authority of a USHMM employee to direct the Contractor contractually should be referred to the CO.

G.2 CONTRACTOR REPRESENTATIVES. All Contractor personnel are provided below, specifically identified as “Key Personnel” or else as generally defined to meet the minimum qualifications provided below. (Offerors shall provide this information in their technical proposal, and such information shall be treated as though reproduced below.)

G.2.1 General. The following person shall be contracted in the event of award for prompt Agreement notification and administration concerning specifications, schedules, and other necessary Agreement matters:

(Name)____________________________________ (Title)____________________________________ (Street Address)____________________________ (City, State, Zip)____________________________ (Telephone & Facsimile No.)__________________ (E-mail address)____________________________

G.2.2 Key Personnel & Subcontractors.

G.2.2.1 Contractor shall include the subcontractor(s) and key personnel to be assigned under this

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Agreement those persons listed below: (Offerors shall provide this information in their technical proposal, and such list shall be treated as though reproduced below.)

NAME LABOR CATEGORIES

G.2.2.2 Contractor shall not remove the Key Personnel assigned to this project without the consent of USHMM. Contractor also will not remove such Key Personnel until he/she is replaced with a person/firm of equal or higher qualifications.

G.2.2.3 Contractor shall not enter into any subcontracts other than those identified above for any of the work under this Contract without obtaining the prior written approval of the CO.

G.2.2.4 Irrespective of designation as Key Personnel Contractor shall provide USHMM a list of all Contractor and/or subcontractor personnel assigned at the start date of the Contract, and update the list within 24 hours of a new individual starting or being removed from performance hereunder, noting removal dates. Note: Contractor shall report immediately to the COR (or, if unavailable, to the USHMM Control Center) any person removed for cause.

G.2.3 Qualifications of Contractor Personnel and Minimum Experience.

G.2.3.1 By the conclusion of the transition period, Contractor shall demonstrate to the COR that it is an authorized service center provider and/or Vendor Authorized Reseller (VAR) or has established relationship(s) with such for all Avigilon/Pelco, other CCTV systems, Zenitel/Alphacom intercom products, all Lenel products, badging products, barrier controls, fiber IP video systems, computer networks, routers, Juniper switches and all other USHMM security networks.

G.2.3.2 To fulfill the requirements herein described and otherwise demonstrate to the COR that staff and/or subcontractors dedicated to this project other than those Key Personnel defined above have the skills and experience level as described in Contractor’s Proposal Contractor shall provide USHMM a minimum of three (3) technicians to service Museum’s requirements hereunder who possess familiarity with the USHMM facilities and integrated security system requirements, at least one of whom shall be certified as an Engineer/Tech 3. The service categories provided by the Contractor in performance of this Contract shall embrace all critical services described herein. All Contractor personnel assigned to this Contract are subject to USHMM review in accordance with the provided level of qualifications.

G.2.3.3 USHMM shall reserve the right to recommend dismissal of a Contractor’s employee or

USHMM RFP 95476724R0300 7 of 46 [DPS Infrastructure Maintenance] subcontractor whose performance is detrimental to the satisfactory completion of contractual obligations. In addition, Contractor personnel found unacceptable by USHMM at any time shall be removed from performing under this Contract. The CO shall deliver such notification in writing to the Contractor.

G.3 SUBSTITUTION OF REPRESENTATIVES. The parties shall advise one another in writing of any substitution for said representatives.

G.4 NOTICES. Any legal notices required hereunder shall be in writing and deemed delivered upon actual receipt of such notice when hand-delivered or sent by certified mail, postage prepaid, return receipt requested, or overnight express courier to the address first set forth above marked to the attention of the signatory of this Agreement for the party, or to such other address or person as a party may designate in writing from time to time.

G.5 INVOICES

G.5.1 Contractor shall submit a single invoice(s) to the COR upon satisfactory completion of the work or otherwise in a manner consistent with Contractor's Proposal for completed deliverables and services received and accepted by the COR. Invoices shall be submitted to the United States Holocaust Memorial Museum via email to accountspayable@ushmm.org with cc to USHMM's COR. To constitute a proper invoice, the invoices must include the following information and/or attached documentation:

● Name of Business Concern and invoice date

● Contract Number or other authorization for performance of service

● Description, price, and quantity of services delivered or rendered

● Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

G.5.2 Withholding. Museum shall withhold a 10% retainage of the total project price pending satisfactory completion of the Contract.

G.5.3 Nonpayment for Additional Work. Any additional services or services representing a change to work specified herein or as defined in the applicable task order performed by Contractor, either at Contractor’s own volition or at the request of an individual other than a duly appointed CO except as may be explicitly authorized in this Agreement are not authorized and will not be paid. Only a duly appointed CO is authorized to change the specifications, terms, and conditions in this Agreement. Any such change shall be issued by the CO through a written amendment(s) or modification(s) to this Contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT TERMS & CONDITIONS. The terms and conditions provided herein and otherwise implicit to federal contracting shall apply to this Contract and shall take precedence over any inconsistent terms and conditions to be found in agreement(s) and

USHMM RFP 95476724R0300 8 of 46 [DPS Infrastructure Maintenance] license(s) which may be attached to or submitted in conjunction with Contractor’s Proposal. Offerors may submit proposals utilizing the contract terms of their GSA schedule or similar contract.

H.2 USE OF MUSEUM NAME

H.2.1 Contractor shall not use the name of USHMM in any news release, public announcement, advertisement, or any other form of publicity, or disclose any of the terms of this Agreement to any third party without the prior written consent of

USHMM.

H.2.2 Contractor shall not use USHMM’s name, trademarks, or any other language, pictures, or symbols that could, in USHMM’s judgment, imply USHMM’s identity or endorsement by USHMM or any of its employees in any (1) written, electronic, or oral advertising or presentation or (2) brochure, newsletter, book, electronic database, or other written material of whatever nature, without USHMM’s prior written consent.

H.2.3 Inclusion of Section. Contractor shall include the terms of this Section (“Use of Museum Name”) in any contracts with other parties providing services related to the performance of this Agreement, such as but not limited to subcontractors.

H.3 TRAVEL AND EXPENSE. All travel shall be subject to Museum's prior review and approval. Travel expenses are to be reimbursed according to GSA travel guidelines and are to include lodging and travel expenses only. All expenses for food and incidentals are solely the responsibility of the Contractor and shall not be reimbursed by the Museum.

H.4 SAM DATABASE COMPLIANCE

H.4.1 Offeror is required to be registered in SAM (www.sam.gov) when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors not registered in SAM when submitting an offer will be considered non-responsive and will not be considered further. Contractor is responsible, during performance and through final payment, for the accuracy and completeness of the data within SAM (System for Award Management: www.sam.gov) database, and for any liability resulting from USHMM’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates of its information in the SAM database to ensure it is current, accurate, and complete. Updating information in SAM does not alter the terms and conditions of this Agreement and is not a substitute for a properly executed contractual document.

H.4.2 Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for

USHMM RFP 95476724R0300 9 of 46 [DPS Infrastructure Maintenance] the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor shall be considered to be incorrect information.

H.5 SUITABILITY DETERMINATION.

H.5.01 All Contract employees shall be required to meet the minimum suitability qualifications of this Contract before beginning performance. Suitability for this Contract shall consist of:

H.5.01.1 A Criminal History Check through the submission of fingerprints to the Federal Bureau of Investigation (FBI).

H.5.01.2 A completed Summary Report, for each Contract employee confirming the Contractor has:

[1] verified that the Contract employee is a U.S. citizenship;

[2] verified all of the Contract employee’s past employment for a period of seven years, including dates of employment;

[3] verified the Contract employee has R1 credit rating;

[4] verified the Contract employee’s education;

[5] conducted reference checks on the Contract employee; and, [6] certified the Contract employee has passed a drug test in accordance with paragraph H.5.02 and H.5.03 below.

H.5.02 Fingerprints will be taken by DPS and submitted to the FBI. Contractor shall submit item H.5.01.2 above to USHMM at least five business working days before a Contractor’s placement on the Contract. A Contract employee receiving a credit rating other than R1 must be approved by the DPS before acceptance to this Contract. The written request for approval, including a full explanation of the circumstances, shall be in writing and submitted to DPS. The drug test shall be conducted in accordance with the following:

H.5.02.1 At a minimum, the Contractor shall test each employee for the following ten drugs:

Amphetamines Barbiturates Benzodiazepines Cannabinoids Cocaine (metabolite) Methadone Methaqualone Opiates Phencyclidine Propoxyphene.

H.5.02.2 The Contractor shall use a laboratory certified by the U.S. Department of Health and Human Services (HHS) to perform urinalysis drug testing. Laboratories that claim to be in the applicant stage of HHS certification are not to be considered as having met the minimum requirements. In order to be considered a HHS certified laboratory, the laboratory must have its letter of certification from HHS attesting that it has met the minimum requirements. Questions regarding the list may be directed to HHS staff at (301) 443-6014.

H.5.02.3 All specimens negative on the initial test or negative on the confirmatory test must be reported as negative.

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H.5.02.4 Employees testing positive shall be administratively removed from the Contract. A confirmation test shall be immediately conducted. If the employee is unable to provide a legitimate reason for a positive result, the employee shall be permanently removed from the Contract.

H.5.02.5 The Contractor shall advise the COR in writing and within 48 hours of all test results for each Contract employee. This includes initial positive tests.

H.5.03 Contract personnel assigned to this Contract will be screened for illegal drugs at the following times and in accordance with paragraph H.5.02, above. A summary report of the drug test examination shall be provided to DPS through the COR.

H.5.03.1 Initial Contract start-up or when any new employee is assigned to this Contract.

H.5.03.2 Routine unscheduled annual random screening for each Contract employee. The random tests must be completely random, using a scientific random selection method, such as a random computer selection process.

H.5.03.3 At the request of the COR, to reexamine for illegal drug use or to screen for other reasons, including authorized incidents, accidents, and any criminal activity in which the Contract employee is involved while on or off duty.

H.5.04 Contract employees will not be authorized to perform services on this Contract until the minimum suitability requirements are met. If the Contract employee receives an unfavorable report, USHMM shall advise the Contractor in writing that such employee cannot work under this Contract.

H.5.05 Temporary suitability determination waivers may be granted by the DPS through the CO or COR for a period of six months from the date that such waiver is approved. If a final suitability determination has not been made upon the expiration of the six-month temporary waiver, the employee will be dismissed from further work until such time as a satisfactory suitability determination is completed.

H.5.06 USHMM, at its discretion, may waive the resubmission of item H.5.01.2 for employee(s) previously cleared through this process while working on behalf of another Museum contractor.

H.5.07 Contract employees shall complete Criminal History Checks annually for badging purposes and otherwise upon USHMM request.

H.5.08 Every three years, Contract employees shall be required to update information submitted as required in paragraph H.5.01.2 above and otherwise upon USHMM request.

H.5.09 Notwithstanding anything herein to the contrary, Contract employees with Top Secret security clearances current within the last five years may have their Facility Security Officer provide their clearance information in writing to DPS through the COR in lieu of

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H.5.10 Contractor shall ensure that a Contract employee's USHMM badges are returned to the COR when the employee is dismissed or terminated.

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, FEB 1998, cited verbatim)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at <www.acquisition.gov/far>.

FAR 52.202-1 DEFINITIONS (JUN 2020) (Reference 2.201)

FAR 52.203-3 GRATUITIES (APR 1984) (Reference 3.202)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR

1984) (Reference 3.404)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT (JUN 2020) (Reference 3.503-2)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) (Reference 3.502-3)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014) (Reference 3.104-9)

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014) (Reference 3.104-9)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEPT 2007)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

(Reference 3.808)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN

2020)

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FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POST-CONSUMER FIBER CONTENT PAPER (MAY

2011) (Reference 4.303)

FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL

BUSINESS) (OCT 2014) (Reference 4.603)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV

2021)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV

2021)

FAR 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995) [see below]

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (AUG 2020)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020) (Reference 9.409)

FAR 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

FAR 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT

FORMAT (OCT 1997) (Reference 15.209)

FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA (AUG 2011) (Reference 15.408)

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FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT

1997) (Reference 15.408)

FAR 52.216-16-I INCENTIVE PRICE REVISION--FIRM TARGET (OCT

1997)--ALTERNATE I (APR 1984)

FAR 52.216-18 ORDERING (OCT 1995)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

FAR 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR

1984)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (Reference 17.208)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000) (Reference 17.208)

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)

(Reference 19.1308)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB

2024) (Reference 19.708)

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (SEP

2023) (Reference 19.708)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES (FEB 1997) (Reference 22.103-5)

FAR 52.222-3 CONVICT LABOR (JUN 2003) (Reference 22.202)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT--OVERTIME COMPENSATION

(MAY 2018) (Reference 22.305)

FAR 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES,

ARTICLES, AND EQUIPMENT (JUN 2020) (Reference 22.610)

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR

2015) (Reference 22.810)

USHMM RFP 95476724R0300 14 of 46 [DPS Infrastructure Maintenance]

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

(Reference 22.810)

FAR 52.222-26 I EQUAL OPPORTUNITY (APR 2002)--ALTERNATE I

(FEB 1999) (Reference 22.810)

FAR 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

(Reference 22.810)

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(Reference 22.1310)

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUN 2020) (Reference 22.1408)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

(Reference 22.1310)

FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG

2018) (Reference 22.1006)

FAR 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT ACT--PRICE ADJUSTMENT (MULTIPLE

YEAR AND OPTION CONTRACTS) (MAY 1989)

FAR 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (AUG 2018) (Reference 22.1006)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

(Reference 22.1705)

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT

2015)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (AUG 2003)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (Reference 23.505)

FAR 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(Reference 23.906)

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FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING (JUN 2020)

FAR 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

(Reference 24.104)

FAR 52.224-2 PRIVACY ACT (APR 1984) (Reference 24.104)

FAR 52.225-1 BUY AMERICAN--SUPPLIES (OCT 2022)

(Reference 25.1101)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(FEB 2021) (Reference 25.1103)

FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

(Reference 27.201-2)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT (JUN 2020)

(Reference 27.202-2)

FAR 52.227-3 PATENT INDEMNITY (APR 1984) (Reference 27.203-1)

FAR 52.227-14 RIGHTS IN DATA--GENERAL (JUN 1987) (Reference 27.409)

FAR 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (JUN 1987)

FAR 52.227-18 RIGHTS IN DATA--EXISTING WORKS (JUN 1987)

(Reference 27.409)

FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT

INSTALLATION (JAN 1997) (Reference 28.310)

FAR 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR

1996)

Contractor shall maintain an industry-standard level of insurance coverage that names USHMM as an Additional Insured at levels no less than:

➢CGL: $5M/occurrence ➢E&O/Cyber: $10M/occurrence ➢Auto: $1M/occurrence

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

(Reference 29.401-3)

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FAR 52.230-2 COST ACCOUNTING STANDARDS (JUN 2020)

FAR 52.232-1 PAYMENTS (APR 1984) (Reference 32.111)

FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 32.111)

FAR 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR

1984) (Reference 32.111)

FAR 52.232-17 INTEREST (MAY 2014) (Reference 32.617)

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL

YEAR (APR 1984)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) (Reference 32.806)

FAR 52.232-25 PROMPT PAYMENT (JAN 2017) (Reference 32.908)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER --

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 32.1110)

FAR 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

FAR 52.233-1 DISPUTES (MAY 2014) (Reference 33.215)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION (APR 1984)

(Reference 37.110)

FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

(DEVIATION)

(a) The Contractor shall shall establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of data furnished under this Contract, and to protect against any anticipated threats or

USHMM RFP 95476724R0300 17 of 46 [DPS Infrastructure Maintenance] hazards to the security, integrity, and confidentiality of the data. These safeguards must meet NIST SP80053r4, ISO 27001/2, or equivalent.

(b) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(c) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

(d) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

(e) All personnel that have been granted access to the Museum network are required to take, and pass Museum provided Information Security awareness training within one week of being granted access. This is required at the time of initial access and on an annual basis. Failure to take and pass this training will result in revocation of access to the Museum network.

(f) Contractor shall ensure that Museum data stored on Contractor’s systems will:

● Not be commingled with other clients’ data. Contractor, and any of its subcontractors shall ensure Museum data will be isolated and reside separately (whether logically or physically) from any / all other contractors/subcontractor client data unless approved by the Museum in writing

● Be limited to only those individuals identified to have access to Museum data for business operational purposes. Contractor and its subcontractors shall have an access control policy in place that clearly states the rules and rights for each user or group of users including applications and information sharing and should include

USHMM RFP 95476724R0300 18 of 46 [DPS Infrastructure Maintenance] a process for granting and revoking access to all information systems and services. A record of all privileges allocated should be maintained.

● Not share Contractor’s’ system access credentials with anyone not approved by the Contractor. Contractor and its subcontractors shall use secure user identification and authentication protocols, including, but not limited to unique user identification, use of appropriate access controls, and strict measures to protect identification and authentication processes.

● Notify the Contractor within 24 hours of discovery of any potential Museum data loss or compromise.

Contractor and its subcontractors shall promptly and thoroughly investigate all allegations, suspicions, and potential and actual discoveries of unauthorized or improper access to, use or disclosure of the Museum’s information assets, especially those involving PII.

Contractor shall immediately, no later than 24 hours from initial discovery, notify the Museum upon discovery of any such unauthorized access to, use or disclosure of the Museum information assets (a “security breach”) and provide such notification before any notification to any government official (including any data protection agency or law enforcement agency).

Contractor shall bear all direct costs associated with resolving a security breach involving the Museum information assets maintained by the contractor, including (i) conducting an investigation including reasonable fees associated with computer forensics work, (ii) reasonable cost of providing notice of the security breach to individuals affected by the security breach, and (iii) reasonable cost of providing notice to government agencies, credit bureaus, and/or other required entities (including media notifications), (iv) providing individuals affected by the security breach with credit protection services designed to prevent fraud associated with identity theft crimes for a specific period not less than twelve (12) months, but at least as long as applicable law specifies, (v) reasonable call center support for such affected individuals for a specific period not less than ninety (90) calendar days, but at least as long as applicable law specifies, (vi) non-appealable fines or penalties assessed by governments or regulators, and (vii) reasonable costs or fees associated with any obligations imposed by applicable law in addition to the costs and fees defined

USHMM RFP 95476724R0300 19 of 46 [DPS Infrastructure Maintenance] herein.not be transferred to another vendor for printing, packaging, or shipping without approval of the Contractor / Museum; and enable the Museum to extend its right to audit and inspect requirement for assessing vendor systems that receive, store, or transmit Museum data. Contractor and its subcontractors shall allow Museum staff or representatives to audit and inspect its systems, processes and methods that receive, store, or transmit Museum data.

● be purged in accordance with (h) below.

● comply with data breach requirements in (i) below.

(g) The Museum expects the Contractor to be capable of performing the contracted Services without the use of a subcontractor. All subcontracted activities involving Museum information or that of USHMM clients must be approved and secured by the Contractor with written authorization by the Museum. In any instance where use of a subcontractor is approved, the Contractor will be responsible for exercising reasonable care and due diligence in the selection and oversight of the subcontractor performing services on behalf of the Museum. The Contractor shall at a minimum ensure subcontractor compliance with all requirements as outlined in this agreement. Contractor shall further modify its subcontract agreements to ensure that all subcontractors shall comply with the above requirements.

(h) Unless otherwise approved by the Museum, the Contractor, and any of its subcontractors shall ensure the deletion of any data received not later than thirty (30) days of its receipt. In addition, within thirty (30) calendar days of the termination of this Contract, the Contractor, shall delete any existing Museum electronic and hardcopy data. All data shall be deleted in compliance with NIST SP 800-88 media erasure guidelines. The Contractor shall provide a written description to the Museum of the method to be used to ensure deletion.

(i) Contractor further agrees that it will monitor and test its Data Safeguards from time to time, and further agrees to adjust its Data Safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Contractor suspects or becomes aware of any unauthorized access to any Museum Data or Personal Data by any unauthorized person or third party, or becomes

USHMM RFP 95476724R0300 20 of 46 [DPS Infrastructure Maintenance] aware of any other security breach relating to Personal Data held or stored by Contractor under this Contract or in connection with the performance of the Professional Services or other services performed under this Contract or any Statement(s) of Work (“Data Breach”), Contractor shall immediately notify Museum in writing and shall fully cooperate with Museum at Contractor’s expense to prevent or stop such Data Breach. In the event of such a Data Breach, Contractor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Contractor will defend, indemnify and hold Museum and its respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Contractor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of Museum. All Personal Data to which Contractor has access under this Contract, as between Contractor and Museum, will remain the property of Museum. Museum hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Contractor to carry out its duties and responsibilities under this Contract, any applicable Statement(s) of Work, or as required by law. Contractor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under this Contract. All Personal Data delivered to Contractor shall be stored in the United States or other jurisdictions approved by Museum in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of Museum.

FAR 52.242-13 BANKRUPTCY (JUL 1995) (Reference 42.903)

FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 42.1305)

FAR 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I

(APR 1984) (Reference 43.205)

FAR 52.244-2 SUBCONTRACTS (JUN 2020) (Reference 44.204)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS

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AND COMMERCIAL SERVICES (FEB 2024)

FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021) as modified by

ALTERNATE I (APR 2012)

FAR 52.245-9 USE AND CHARGES (APR 2012)

FAR 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX

NATURE (JUN 2003) (Reference 46.710)

FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001) (Reference 46.710(d))

FAR 52.246-25 LIMITATION OF LIABILITY-- SERVICES (FEB 1997)

(Reference 46.805)

FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (MAY 2004) (Reference 49.502)

FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

(APR 1984) (Reference 49.504)

FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of these clauses are altered as follows:

➢Section H: Use of Museum Name ➢FAR 52.239-1 identifies specific standard benchmarks (NIST SP800-53r4 and ISO 27001/2)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 53.111)

SECTION J - LIST OF ATTACHMENTS

In order to properly select a service provider, USHMM has prepared a comprehensive set of Exhibits that represent the totality of the needs across all of these functional areas. These Exhibits include the following:

● Exhibit I: Detailed Statement of Work

● Exhibit II: Required Service Levels

● Exhibit III: Qualifications and Skill Base

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● Exhibit IV: Proposed Service and Service Level

● Exhibit V: Cost Proposal Format

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

ANNUAL REPRESENTATIONS AND CERTIFICATIONS. Offerors certify that they have completed the annual representations and certifications electronically via the System for Award Management (SAM) website at www.sam.gov. After reviewing the SAM database information, Offerors verify by submission of their proposal and incorporation in their proposal by reference as of the date of the proposal that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this RFP.

SECTION L - REQUEST FOR PROPOSAL INSTRUCTIONS, CONDITIONS, AND

NOTICE TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998, cited verbatim). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): <https://www.acquisition.gov/far/index.html>.

L.2 FAR 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2004, DEVIATION, clause extended as provided below) (Reference 15.209); applying Alternate I Oct 1997).

L.2.1 The Offeror's proposal in response to this RFP shall be prepared in accordance with the instructions in this Section 5. Offerors whose proposals deviate from these instructions may be disqualified at the discretion of the Museum.

L.2.2 Supplemental and not inconsistent with the instructions provided in the clause integrated…